The Research Of The Rural Land Expropriation Compensation In China

This paper is based on the Marxist ground rent theory and the Property rights theory.The analysis of the Property rights of rural land.Such as the subject of ownership contracts for the managerial right,the Subject of use.And then the point is the absolute rent and differential rent of the gained subject in land expropriation.The paper is divided into six parts.The first part explains the background and significance of the topic,and the framework and innovation of the paper.The second part is the literature review on land expropriation at home and abroad,and it summarized the viewpoints of the parties.The third part is the theoretical analysis of this paper.According to property theory,the Property rights are the right to benefit themselves or others.So,Land owners can benefit from the land.And the way to benefit from the land is to get the land rent.According to the marxist theory of land rent.The absolute rent of land is due to the monopoly of land ownership.So,the ownership of land should be get the absolute rent in land acquisition.China's land is divided into state-owned land and rural collective land.The land is owned by the national and rural collective economic organizations.They are entitled to the absolute rent.As the contractors and operators,farmers in collective organizations have the right to use the land.Therefore,they should obtain land differential rent.The fourth part reviews the land expropriation system in China.It includes the historical evolution of land system and land expropriation system,the examination and approval system of land requisition,land expropriation compensation system,dispute settlement of land expropriation.The fifth part analyzes the problems in the compensation of agricultural land expropriation.Such as the subject of land expropriation benefit is not clear,the compensation standard is not reasonable,single compensation method,the violation operation.The last part of this paper puts forward corresponding countermeasures and suggestions based on the previous chapter.Including explicit the farmland property right and the beneficiary subject of land expropriation compensation,determining the reasonable land compensation standard,improving the laws and regulations on compensation for land expropriation,clarifying the scope of power of local governments in the process of land expropriation,ensuring the reemployment,medical care and old-age care of land expropriated farmers,defining the scope of the public interest.Protecting the lawful rights and interests of farmers,it bears on national stability and social harmony.So,it has important practical significance to deal with the income distribution of property rights in the land expropriation process correctly.